Allied Mutual Insurance Company v. Peck

DONOFRIO, Judge.

This is an appeal from an order granting summary judgment to the defendants in a proceedings for declaratory judgment. The action was brought by appellant, Allied Mutual Insurance Company, against the appellees who were parties to a civil damage action arising out of an automobile accident occurring in the City of Scottsdale on January 26, 1964.

David James Peck, hereafter referred to as Peck, was at the time driving an MG automobile belonging to his mother and stepfather, Mr. and Mrs. S. H. Clement, hereafter referred to as Clements. Appellee Kurtok was a passenger in the car…